Burke v. Mutch

This is a summary motion by one surety against another, on a sheriff’s bond, claiming contribution. The averment is made, that Hunter, the sheriff, had been appointed administrator de bonis non of the estate of W. S. May, deceased, by the- Probate Court of Lowndes county, and that the plaintiff in the motion had paid a decree against him as such administrator, which had also been rendered against the plaintiff and the defendant jointly, as sureties on said bond. A demurrer to the motion was sustained, on the ground that it failed to aver that there was no general administrator in the county…